Philadelphia Backlog Elimination Center Tracking

[csrini1]

Hi Forum Friends,
Yesterday only i subscibed my name in this forum.But i am not new guy to this forum.This forum is home page for me last couple of years.

Now i am in problems.
1)I entered this country in 1998 as Software Analyst.
2)After two years i got civil engineer post as Office Engineer in NJ.
3)Since June 2002 to date, i am working as Office Engineer.
4)I am in 8th year extension applied,it is in under process.
5)I applied my labor in November 2003 for my GC.
6)Till date i have not received any 45 letter from PBEC.
7)Just i received message from my employer,that my last date of employement is march 30,2006.

My question is i am in 8th year extension(already applied),when i am loosing this job does it effects any thing to my GC process.Existing company is Americans company.99% they won't support my GC process.

Give me your valuble suggestions,for my next step.

PD:EB3/NJ/Nov 2003.

Very very sorry to hear that...

first try sending email to h1b7yr and get a screen shot, without this or 45day letter you may not be able to apply for h1b from a new company. or atleast get the proof from your employer that the labor was filed in 2003.

Find a company which can do h1-b for you based on this labor pending, and apply thru perm. you will not be having a 2003 PD though. meaning start from scratch, or best scene is find employer who has approved labor, and u can use it to file 140 and 485.

Good Luck!!

 

[USCISisMockery]

Hi Forum Friends,
Yesterday only i subscibed my name in this forum.But i am not new guy to this forum.This forum is home page for me last couple of years.

Now i am in problems.
1)I entered this country in 1998 as Software Analyst.
2)After two years i got civil engineer post as Office Engineer in NJ.
3)Since June 2002 to date, i am working as Office Engineer.
4)I am in 8th year extension applied,it is in under process.
5)I applied my labor in November 2003 for my GC.
6)Till date i have not received any 45 letter from PBEC.
7)Just i received message from my employer,that my last date of employement is march 30,2006.

My question is i am in 8th year extension(already applied),when i am loosing this job does it effects any thing to my GC process.Existing company is Americans company.99% they won't support my GC process.

Give me your valuble suggestions,for my next step.

PD:EB3/NJ/Nov 2003.

sorry to hear that. Only advice I can give you is hire best lawyer and rely on his/her judgement instead of opinions here. $500-$1000 spent for a lawyer will go long way. And yes, be nice to your current employer and get some kind of proof about labor application. Your company should not have any objection continuing your application. If HR suggest otherwise, make sure your new lawyer clears that doubt with your company lawyer.

Unfortunetly this kind of news will continue if we keep hoping that DOL will do as promised. Can someone with legal background or check with Rajiv if its completely legal to organize and participate in rally. If illegals can rally and make their voices heard, why can't we ?

 

[StressTestInUSA]

Hi Forum Friends,
Yesterday only i subscibed my name in this forum.But i am not new guy to this forum.This forum is home page for me last couple of years.

Now i am in problems.
1)I entered this country in 1998 as Software Analyst.
2)After two years i got civil engineer post as Office Engineer in NJ.
3)Since June 2002 to date, i am working as Office Engineer.
4)I am in 8th year extension applied,it is in under process.
5)I applied my labor in November 2003 for my GC.
6)Till date i have not received any 45 letter from PBEC.
7)Just i received message from my employer,that my last date of employement is march 30,2006.

My question is i am in 8th year extension(already applied),when i am loosing this job does it effects any thing to my GC process.Existing company is Americans company.99% they won't support my GC process.

Give me your valuble suggestions,for my next step.

PD:EB3/NJ/Nov 2003.

Sorry to hear this..But try not to lose the 2003 PD..speak to the HR of this company and tell them how crucial this PD is for you and how the dates r retrogressed and filing a new one(which you will do of course) will put you again at the end of the que...

So when the 45 day letter comes out, request them to reply to go-ahead with the continuation of the case..who knows when the labor comes thru maybe you will be required at that time or even if they can understand they can file the 140 even if you r not working...So catch hold of your manager/boss and HR and try not to lose the PD...(I think we r not required to be employed to go ahead with the GC process) so u really need to do the convincing job, the company really loses nothing by going ahead with GC, excepting saving your life...!!

Until you get a new job..take servered pay (pay stubs) to use for the H1 transfer.. these r the storms we face until we r out of this shit..

Good luck, dont lose hope...something good will turn out..

 

[USCISisMockery]

Always heard the approvals from
NJ
NY
MD
CA
Where is MA?

Because there are thousands of more application from NJ, NY, CA.
Dont whine there is no partiality, its completely random game. I haven't received my 45 day letter yet.

 

[saknia]

Hi Forum Friends,
Yesterday only i subscibed my name in this forum.But i am not new guy to this forum.This forum is home page for me last couple of years.

Now i am in problems.
1)I entered this country in 1998 as Software Analyst.
2)After two years i got civil engineer post as Office Engineer in NJ.
3)Since June 2002 to date, i am working as Office Engineer.
4)I am in 8th year extension applied,it is in under process.
5)I applied my labor in November 2003 for my GC.
6)Till date i have not received any 45 letter from PBEC.
7)Just i received message from my employer,that my last date of employement is march 30,2006.

My question is i am in 8th year extension(already applied),when i am loosing this job does it effects any thing to my GC process.Existing company is Americans company.99% they won't support my GC process.

Give me your valuble suggestions,for my next step.

PD:EB3/NJ/Nov 2003.

If you are Ok with this - Post your contact info here. someone interested might reach with Job. This I think has happened to some one like you here

 

[waiting4gc02]

45-day confirmation

Guys:
Does anyone know of a phone # that can be called to confirm that your "continuation" notice in response to the 45-day letter has been recieved by PBEC..?

Thanks and good luck..

 

[aycy]

None

Guys:
Does anyone know of a phone # that can be called to confirm that your "continuation" notice in response to the 45-day letter has been recieved by PBEC..?

Thanks and good luck..

Don't think they have special number to call. Wish they have.

aycy
NJ EB2 RIR
PD June 25'02
45 day received Sept '05
Replied 45 day letter Oct'05
NOF issued on Feb 24'06

 

[Cric]

Guys:
Does anyone know of a phone # that can be called to confirm that your "continuation" notice in response to the 45-day letter has been recieved by PBEC..?

Thanks and good luck..

Probably what one can do is request a status after 2 months and check if the case is closed. if it is not then they have receieved 45 day letter, that again is based on the assumption that the case status will be updated imediately after 55 days(45 days + 10 days buffer), this is just a work around since I cannot think of any other way.

 

[Desibrother]

DOL will NOT reject your old case. There's no rule saying you cannot have multiple labors. If I were you, I'd file 140 now. If old labor clears, then you can either replace the labor in the 140 with the older PD, or file a brand new 140.

Talk to your lawyer, but I don't think you have a problem there at all.

can'tstandit/labordrags,
Correct - there is no rule stating you cannot have multiple labors. Infact you CAN have multiple labors - no question about it. The problem in my opinion is where you were referring to the option of switching the underlying labor within the I-140. Can it be done - yes; will it be without any issues - not sure. Infact, when PERM came into existence, there was/is still so much talk/cloud about "BEC case withdrawals", and "what happens if PERM this and BEC that ..." - I would not even try to find the weasel clauses and try to build my whole GC case around it. GC it too important for me to build a case on slippery slopes where I may have to fend off the RFE's and loose my sleep.

To "cantstandit" point - I don't think you have a "problem" in filing for 140 but however I don't see any utility of filing a I140 now (using PERM) and then (potentially) another (when your BEC labor approves), when your end goal is to use your older PD for GC. The only benefit of filing I140 now, is you'll get a 3yrs H1b extension - which is also valuable in my opinion.

Unfortunately, the apathy of this era is that there are no set rules or "links" for rules. But what is true is - there are some "general" guidances on how the PERM cases should be handled while your BEC case is pending. The point is if you pursue parallel paths towards I-485, I still feel that you are prone to "jeopardise" (not "kill") your old PD. There is no guarantee that BEC will not cancel your case. sk0902, I would be apprehensive, as you are. I would say don't proactively withdraw your bec case.

If you are looking for 3yrs h1b extension go ahead with I140. But if you are looking for a quicker GC, pursuing (waiting) BEC case makes sense. Also, weigh in the $$$ spent in all these zigzag ways. Let us know how it works out. My best wishes whichever way you pursue.

 

[Cric]

can'tstandit/labordrags,
Correct - there is no rule stating you cannot have multiple labors. Infact you CAN have multiple labors - no question about it. The problem in my opinion is where you were referring to the option of switching the underlying labor within the I-140. Can it be done - yes; will it be without any issues - not sure. Infact, when PERM came into existence, there was/is still so much talk/cloud about "BEC case withdrawals", and "what happens if PERM this and BEC that ..." - I would not even try to find the weasel clauses and try to build my whole GC case around it. GC it too important for me to build a case on slippery slopes where I may have to fend off the RFE's and loose my sleep.

To "cantstandit" point - I don't think you have a "problem" in filing for 140 but however I don't see any utility of filing a I140 now (using PERM) and then (potentially) another (when your BEC labor approves), when your end goal is to use your older PD for GC. The only benefit of filing I140 now, is you'll get a 3yrs H1b extension - which is also valuable in my opinion.

Unfortunately, the apathy of this era is that there are no set rules or "links" for rules. But what is true is - there are some "general" guidances on how the PERM cases should be handled while your BEC case is pending. The point is if you pursue parallel paths towards I-485, I still feel that you are prone to "jeopardise" (not "kill") your old PD. There is no guarantee that BEC will not cancel your case. sk0902, I would be apprehensive, as you are. I would say don't proactively withdraw your bec case.

If you are looking for 3yrs h1b extension go ahead with I140. But if you are looking for a quicker GC, pursuing (waiting) BEC case makes sense. Also, weigh in the $$$ spent in all these zigzag ways. Let us know how it works out. My best wishes whichever way you pursue.

Excellent points, I am sure sk0902 will find this post very useful in taking a decision.
We all are still in this forum talking because of these apprehensions which you have mentioned otherwise we all would have been in perm or 140 forums.

 

[saknia]

Probably what one can do is request a status after 2 months and check if the case is closed. if it is not then they have receieved 45 day letter, that again is based on the assumption that the case status will be updated imediately after 55 days(45 days + 10 days buffer), this is just a work around since I cannot think of any other way.

If Case is not closed after two months that is not the final prof. Somebody received letter of clsosure here after 6 months.

Before we used to have Case status which when it moves to RIR or Data Review will give us a hope that the 45 day is received and is being worked on

Now there is no way to check these except through our Attorney talking to them and find out that specifically

Ask your attorney to do that

 

[saknia]

can'tstandit/labordrags,
Correct - there is no rule stating you cannot have multiple labors. Infact you CAN have multiple labors - no question about it. The problem in my opinion is where you were referring to the option of switching the underlying labor within the I-140. Can it be done - yes; will it be without any issues - not sure. Infact, when PERM came into existence, there was/is still so much talk/cloud about "BEC case withdrawals", and "what happens if PERM this and BEC that ..." - I would not even try to find the weasel clauses and try to build my whole GC case around it. GC it too important for me to build a case on slippery slopes where I may have to fend off the RFE's and loose my sleep.

To "cantstandit" point - I don't think you have a "problem" in filing for 140 but however I don't see any utility of filing a I140 now (using PERM) and then (potentially) another (when your BEC labor approves), when your end goal is to use your older PD for GC. The only benefit of filing I140 now, is you'll get a 3yrs H1b extension - which is also valuable in my opinion.

Unfortunately, the apathy of this era is that there are no set rules or "links" for rules. But what is true is - there are some "general" guidances on how the PERM cases should be handled while your BEC case is pending. The point is if you pursue parallel paths towards I-485, I still feel that you are prone to "jeopardise" (not "kill") your old PD. There is no guarantee that BEC will not cancel your case. sk0902, I would be apprehensive, as you are. I would say don't proactively withdraw your bec case.

If you are looking for 3yrs h1b extension go ahead with I140. But if you are looking for a quicker GC, pursuing (waiting) BEC case makes sense. Also, weigh in the $$$ spent in all these zigzag ways. Let us know how it works out. My best wishes whichever way you pursue.

Since there is No Rule this becomes Tricky. If one files multipe Labor from same company then it needs to be for different position.

In the current case if he qualifies for a position that has come up now which requires say MS + 3 year and since the old one is different then this then heh can qualify for this now and so the company can file multiple Labor for that. If the position is same DOl will cancel the unapproved one for sure

Remember also DOl is coming up with cancelletaion of substitution. Having Multiple 140 could be difficult as well

 

[labornj0303]

45-day letter Received

Hi all,

My attorney received the 45-day letter from Philly Backlog center and and he replied immedietly. Below are my details.

Priority date: April, 2003.
NJ/Non-RIR/EB3 - Never made it to regional.
Letter Received and Responded - 02/21/2006.

Let me know if you have any other questions.

 

[Desibrother]

Since there is No Rule this becomes Tricky. If one files multipe Labor from same company then it needs to be for different position.

In the current case if he qualifies for a position that has come up now which requires say MS + 3 year and since the old one is different then this then heh can qualify for this now and so the company can file multiple Labor for that. If the position is same DOl will cancel the unapproved one for sure

Remember also DOl is coming up with cancelletaion of substitution. Having Multiple 140 could be difficult as well

Labor certification is driven by the position of the company. So, theorotically you can five labors for 5 different positions - I don't think its the same as situation here. Here we are talking about multiple labors (in BEC and PERM) for the SAME position. Conceptually, GC is a futuristic process where it has no bearing on what position you are curently holding - employer just says for "X" position we are planning to hire an visa-holder permanantly since could not find any qualified citizen or a permanent resident. Theorotically, a person can pursue a GC for a completely different position (in a completely different company) as long as he qualifies for it. Thus you can `pluck` the GC out of `thin air`. However, such cases are hard to come-by and we generally pursue GC for our current position in our company. With introduction of PERM, DOL never made a rule "carved in stone" for a PERM case that has a corresponding BEC case. They put some FAQs out there and then withdrew them some - its a mess. However, what's left there is a general "guidance" out there - and that is what I was referring to.

saknia - You've rightfully said that in the wake of happenings of "labor substitution elimination", "proposed 45-day labor validity (crap)", there is a lot of risk in pursuing GC case via weasel clauses. This whole "guidance" and "impasse" has put a lot of people second guessing their lives. Some have money/resources to pursue PERM, most don't. Its depressing to see our lives getting dwindled in BEC's mess. However, its really important for us to find'n, focus on the positives. Personally, finding positives was harder for me but once I found them focussing on them has been realtively easier.

And ultimately, be prepared for the worst - which I'm. I hail from India, wherein now-a-days economy and everything else is quite throbbing. GC or no GC, I'll be the winner.

 

[StressTestInUSA]

Probably what one can do is request a status after 2 months and check if the case is closed. if it is not then they have receieved 45 day letter, that again is based on the assumption that the case status will be updated imediately after 55 days(45 days + 10 days buffer), this is just a work around since I cannot think of any other way.

this only is the horror part now a days...after you reply your 45 day letter we r not in peace, after 6-7 months they r coming back that the case is closed because they dint recieve a reply...

I think the 45 day letter replies r scanned and attached to our case and when they touch our case for adjucdication and dont find the 45 letter replied then they let us know...

We need on online case status bout the case big time, otherwise we r floating in space...

 

[REACH US]

Thanks Saknia,

If you are Ok with this - Post your contact info here. someone interested might reach with Job. This I think has happened to some one like you here

Thanks Saknia,

I am feeling this is good suggestion.I am providing my contact details in forum.

Name:Vijay Reddy

Contact e-mail:vjoy@myway.com

PD:NJ/EB3/Nov 2003.

 

[prince123]

.
.
.
And ultimately, be prepared for the worst - which I'm. I hail from India, wherein now-a-days economy and everything else is quite throbbing. GC or no GC, I'll be the winner.

I know one guy who left US ( for family reasons ) drawing a salary of $4650 per month ( Bangalore ). I was told that some smart guys in smart companies with 10 - 15 years experience are getting salary in that range.

So , if something unfortunate happens here and have to leave, it is not that
bad back home ( atleast for India ).

 

[2002calabor]

Any new approvals?

Guys,
Any new approvals? Its been a while since we saw approval. Are we looking at approvals starting after Jun '06. This wait is killing me. Every year I hope that hopefully labor will get cleared and I will be able to get an EAD. But every year it keeps slipping. In middle of 2004 they stopped processing anything and decided to wait for BEC to get created. 2005 BEC got created but PBEC decided to do nothing all year. We have already completed 1st quarted of 2006 and I see nothing.

 

[nviren]

April Visa Bulletin is out

Access it here :

http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

 

[RJ_NJ2002]

Not sure but it seems to me that PBEC is mailing approvals once a week.That is the reason why we are seeing 4 or 5 approvals in a day and then the dry period.

This seems to be the trend from past two weeks.

NJ,RIR,09/2002

Guys,
Any new approvals? Its been a while since we saw approval. Are we looking at approvals starting after Jun '06. This wait is killing me. Every year I hope that hopefully labor will get cleared and I will be able to get an EAD. But every year it keeps slipping. In middle of 2004 they stopped processing anything and decided to wait for BEC to get created. 2005 BEC got created but PBEC decided to do nothing all year. We have already completed 1st quarted of 2006 and I see nothing.